In Queensland, workers who suffer a workplace injury or illness will be entitled to what is known as “no-fault” workers’ compensation benefits (also known as ‘statutory benefits’

In addition to those statutory benefits, if your injury is due to the negligence of another person or entity, such as a failure to provide you with safe work conditions, you will be entitled to make a separate claim for common law damages. 

How do I pursue a common law claim after a workplace injury?

Importantly, any common law claim must be initiated within 3 years from the date of the injury.

The law regarding suing your employer for damages is complex, and strict legal rules and time limits apply. It is crucial that you obtain legal advice from a specialist in work injury and work accident claims as soon as you can. 

Our personal injury lawyers can advise you about your legal options so that you know where you stand and can make important decisions about your future and ensure your rights are fully protected.

We provide free initial advice and run claims on a no-win, no-fee basis. So, it costs you nothing to find out where you stand and to ensure you receive all the compensation you deserve.


What damages are payable with a workplace injury common law claim?

Workplace accident common law damages (compensation) can include: 

  • payments for past and future loss of earnings;

  • expenses for medical treatment and equipment; and 

  • compensation for your pain and suffering.

Common law compensation can be substantial. But it is a ‘once and for all’ type of claim, which means that you don’t get a second chance to ensure you recover the maximum compensation that you are entitled to. You need to ensure that you recover the compensation you deserve to ensure your future financial security.

It’s crucial that you seek legal advice from a lawyer highly experienced in personal injury compensation.

Speak to a personal injury lawyer

Cameron Hall is a Queensland Law Society Accredited Personal Injury Specialist with more than 32 years’ dedicated experience in helping individuals recover the compensation they deserve, whether it be as a result of an injury sustained at work, in a motor vehicle accident, through the negligence of a medical service provider, or as a result of child sexual and/or serious physical abuse.

Free compensation law advice

QLD 07 3310 8729 NT 08 8943 0606

Call or email a compensation lawyer today. Your first interview is completely free, so it costs you nothing to find out where you stand.